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Patna High CourtCR. MISC./42127/2018dismissed

Moti Kumar @ Moti Kumar Soni And ORS v. State Of Bihar And ANR

2018-07-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42127 of 2018 ======================================================

1. Moti Kumar @ Moti Kumar Soni

2. Suresh Kumar @ Suresh Kumar Soni

3. Chandan Kumar @ Chandan Kumar Soni Petitioner No. 1,2 and 3 are sons of late Asarfi Sah @ Dayanand Sah resident of Vill. Bagni, P.S. Maniyari, Dist Muzaffarpur.

4. Kalusoni @ Krishnandan Kumar son of Binod Kumar All are residents of Village Baghi, P.S. Maniyari, Dist Muzaffarpur. .... .... Petitioners

Versus

1. The State of Bihar.

2. Bablu Tiwari son of Prem Nath Tiwari resident of village Puraina, P.S. Majha, District Gopalganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Complaint Case No. 2990 of 2011, corresponding to Trial No. 1639 of 2018 in which cognizance has been taken under Sections 406 and 420 of the Indian Penal Code.

Allegation as per FIR is that the petitioners, who are Agents of S.PP Marketing Company, were asked to collect money from each of the the persons of Rs.90/- per week and they collected Rs.6 lakhs and thereafter office was closed and they ran away.

Submission of learned counsel for the petitioners is that

Patna High Court Cr.Misc. No.42127 of 2018 (3) dt.24-07-2018 2/2 petitioners are only agents and they are not responsible for the same.

Heard learned APP also.

Having heard both sides and in view of increasing number of such type of cases in the State of Bihar, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioners to surrender and make prayer for regular bail. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U